Commission Implementing Regulation (EU) 2023/2437 of 25 October 2023 amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for Canada, the United Kingdom and the United States in the lists of third countries authorised for the entry into the Union of consignments of poultry, germinal products of poultry, fresh meat of poultry and game birds
Date: 2023-10-25
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: Canada, United Kingdom, United States, avian influenza, fresh meat, game meat, import (EU), poultry, poultrymeat, veterinary inspection








L_202302437EN.000101.fmx.xml












Official Journal of the European Union


EN
Series L













2023/2437


26.10.2023







            COMMISSION IMPLEMENTING REGULATION (EU) 2023/2437
of 25 October 2023
         
amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for Canada, the United Kingdom and the United States in the lists of third countries authorised for the entry into the Union of consignments of poultry, germinal products of poultry, fresh meat of poultry and game birds
(Text with EEA relevance)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (1), and in particular Articles 230(1) and 232(1) and (3) thereof.

Whereas:







(1)


Regulation (EU) 2016/429 provides that consignments of animals, germinal products and products of animal origin must come from a third country or territory, or zone or compartment thereof, listed in accordance with Article 230(1) of that Regulation in order to enter the Union.












(2)


Commission Delegated Regulation (EU) 2020/692 (2) lays down the animal health requirements that consignments of certain species and categories of animals, germinal products and products of animal origin, from third countries or territories, or zones thereof, or compartments thereof in the case of aquaculture animals, must comply with in order to enter the Union.












(3)


Commission Implementing Regulation (EU) 2021/404 (3) establishes the lists of third countries, or territories, or zones or compartments thereof, from which the entry into the Union of the species and categories of animals, germinal products and products of animal origin falling within the scope of Delegated Regulation (EU) 2020/692 is permitted.












(4)


More particularly, Annexes V and XIV to Implementing Regulation (EU) 2021/404 set out the lists of third countries, or territories, or zones thereof authorised for the entry into the Union, respectively, of consignments of poultry, germinal products of poultry, fresh meat of poultry and game birds.












(5)


Canada has notified the Commission of three outbreaks of highly pathogenic avian influenza (HPAI) in poultry in the provinces of Alberta (2) and Saskatchewan (1) which were confirmed between 27 September 2023 and 3 October 2023 by laboratory analysis (RT-PCR).












(6)


In addition, the United States has notified the Commission of nine outbreaks of HPAI in poultry in the states of Minnesota (3), Montana (1), South Dakota (3), and Utah (2), which were confirmed between 4 October 2023 and 17 October 2023 by laboratory analysis (RT-PCR).












(7)


Following these recent outbreaks of HPAI, the veterinary authorities of Canada and the United States established restricted zones of at least 10 km around the affected establishments and implemented a stamping-out policy to control the presence of HPAI and limit the spread of that disease.












(8)


Canada and the United States have submitted information to the Commission on the epidemiological situation on their territories and the measures taken to prevent the further spread of HPAI.












(9)


That information has been evaluated by the Commission. The Commision considers that, in view of the animal health situation in the areas under restrictions established by the veterinary authorities of Canada and the United States, the entry into the Union of consigments of poultry, germinal products of poultry, and fresh meat of poultry and game birds from those areas should be suspended, in order to protect the animal health status of the Union.












(10)


The United Kingdom has provided updated information to the Commission in relation to the epidemiological situation on its territory as regards HPAI that gave rise to the suspension of the entry of certain products into the Union, as set out in Annexes V and XIV to Implementing Regulation (EU) 2021/404.












(11)


In particular, the United Kingdom has submitted updated information on the epidemiological situation in relation to one outbreak of HPAI in England, in the county of Staffordshire, and six outbreaks of HPAI in poultry establishments in Scotland, in the counties of Angus, Aberdeenshire, Dumfries and Galloway, and Highland, which were confirmed between 9 August 2023 and 7 September 2023.












(12)


The United Kingdom has also submitted information on the measures that were taken to prevent the further spread of HPAI. In particular, following those outbreaks of that disease, the United Kingdom has implemented a stamping out policy in order to control and limit the spread of that disease, and has also completed the requisite cleaning and disinfection following the implementation of the stamping out policy on the infected poultry establishments on its territory.












(13)


The Commission has evaluated the information submitted by the United Kingdom and considers that it has provided appropriate guarantees that the animal health situation that gave rise to the suspensions, no longer represents a threat to animal or public health within the Union, and that, consequently, the entry into the Union of poultry commodities from the concerned zones of the United Kingdom from which entry into the Union had been suspended, should be reauthorised.












(14)


Annexes V and XIV to Implementing Regulation (EU) 2021/404 should therefore be amended to take account of the current epidemiological situation as regards HPAI in Canada, the United Kingdom and the United States.












(15)


Taking into account the current epidemiological situation in Canada and the United States as regards HPAI, and in order to avoid unnecessary disruption of trade with the United Kingdom, the amendments to be made to Annexes V and XIV to Implementing Regulation (EU) 2021/404 by this Regulation should take effect as a matter of urgency.












(16)


The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,





HAS ADOPTED THIS REGULATION:



Article 1
Annexes V and XIV to Implementing Regulation (EU) 2021/404 are amended in accordance with the Annex to this Regulation.


Article 2

Entry into force and applicability

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 October 2023.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  
            OJ L 84, 31.3.2016, p. 1.

(2)  Commission Delegated Regulation (EU) 2020/692 of 30 January 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin (OJ L 174, 3.6.2020, p. 379).

(3)  Commission Implementing Regulation (EU) 2021/404 of 24 March 2021 laying down the lists of third countries, territories or zones thereof from which the entry into the Union of animals, germinal products and products of animal origin is permitted in accordance with Regulation (EU) 2016/429 of the European Parliament and of the Council (OJ L 114, 31.3.2021, p. 1).




ANNEX
Annexes V and XIV to Implementing Regulation (EU) 2021/404 are amended as follows:






(1)


Annex V is amended as follows:






(a)


in Part 1, Section B is amended as follows:






(i)


in the entry for Canada, the following rows for the zones CA-2.192, CA-2.193 and CA-2.194 are added after the row for the zone CA-2.191:











‘CA

Canada


CA-2.192


BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20


N, P1


 


20.9.2023


 




CA-2.193


N, P1


 


27.9.2023


 




CA-2.194


N, P1


 


3.10.2023’


 














(ii)


in the entry for the United Kingdom, the rows for the zones GB-2.311 to GB-2.316 are replaced by the following:











‘GB

United Kingdom


GB-2.311


BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20


N, P1


 


9.8.2023


5.10.2023




GB-2.312


N, P1


 


14.8.2023


2.10.2023




GB-2.313


N, P1


 


14.8.2023


2.10.2023




GB-2.314


N, P1


 


14.8.2023


20.9.2023




GB-2.315


N, P1


 


17.8.2023


20.9.2023




GB-2.316


N, P1


 


18.8.2023


2.10.2023’














(iii)


in the entry for the United Kingdom, the row for the zone GB-2.318 is replaced by the following:











‘GB

United Kingdom


GB-2.318


BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20


N, P1


 


7.9.2023


12.10.2023’














(iv)


in the entry for the United States, the rows for the zones US-2.460 to US-2.468 are added after the row for the zone US-2.459:











‘US

United States


US-2.460


BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20


N, P1


 


4.10.2023


 




US-2.461


N, P1


 


6.10.2023


 




US-2.462


N, P1


 


6.10.2023


 




US-2.463


N, P1


 


10.10.2023


 




US-2.464


N, P1


 


11.10.2023


 




US-2.465


N, P1


 


13.10.2023


 




US-2.466


N, P1


 


17.10.2023


 




US-2.467


N, P1


 


17.10.2023


 




US-2.468


N, P1


 


17.10.2023’


 


















(b)


Part 2 is amended as follows:






(i)


in the entry for Canada, the following descriptions of the zones CA-2.192, CA-2.193 and CA-2.194 are added after the description of the zone CA-2.191:







‘Canada


CA-2.192


Saskatchewan- Latitude 49.82, Longitude -109.49
The municipalities involved are:
3km PZ: Maple Creek
10km SZ: Maple Creek




CA-2.193


Alberta- Latitude 53.62, Longitude -112.97
The municipalities involved are:
3km PZ: Fort Saskatchewan
10km SZ: Ardrossan, Josephburg, and Fort Saskatchewan




CA-2.194


Alberta- Latitude 49.27, Longitude -112.82
The municipalities involved are:
3km PZ: Magrath
10km SZ: Del Bonita, Magrath, and Spring Coulee’














(ii)


in the entry for the United States, the following descriptions of the zones US-2.460 to US-2.468 are added after the description of the zone US-2.459:







‘United States


US-2.460


State of South Dakota
Jerauld 02
Jerauld County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 98.8859439°W 44.1323127°N)




US-2.461


State of Utah
Sanpete 19
Sanpete County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 111.6798383°W 39.3439868°N)




US-2.462


State of Utah
Sanpete 20
Sanpete County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 111.7010448°W 39.3435832°N)




US-2.463


State of Montana
Glacier 03
Glacier County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 112.5693091°W 48.9258744°N)




US-2.464


State of Minnesota
Meeker 09
Meeker County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 94.3821034°W 45.2901552°N)




US-2.465


State of Minnesota
Meeker 10
Meeker County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 94.3899442°W 45.2920254°N)




US-2.466


State of Minnesota
Becker 04
Becker County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 95.5090780°W 46.8697231°N)




US-2.467


State of South Dakota
Faulk 03
Faulk County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 99.0490372°W 45.2130104°N)




US-2.468


State of South Dakota
McPherson 06
McPherson County: A circular zone of a 10 km radius starting with North point (GPS coordinates: 99.5106187°W 45.7228060°N)’






















(2)


in Annex XIV, in Part 1, Section B is amended as follows:






(a)


in the entry for Canada, the following rows for the zones CA-2.192, CA-2.193 and CA-2.194 are added after the rows for the zone CA-2.191:











‘CA

Canada


CA-2.192


POU, RAT


N, P1


 


20.9.2023


 




GBM


P1


 


20.9.2023.


 




CA-2.193


POU, RAT


N, P1


 


27.9.2023


 




GBM


P1


 


27.9.2023


 




CA-2.194


POU, RAT


N, P1


 


3.10.2023


 




GBM


P1


 


3.10.2023’


 














(b)


in the entry for the United Kingdom, the rows for the zones GB-2.311 to GB-2.316 are replaced by the following:











‘GB

United Kingdom


GB-2.311


POU, RAT


N, P1


 


9.8.2023


5.10.2023




GBM


P1


 


9.8.2023


5.10.2023




GB-2.312


POU, RAT


N, P1


 


14.8.2023


2.10.2023




GBM


P1


 


14.8.2023


2.10.2023




GB-2.313


POU, RAT


N, P1


 


14.8.2023


2.10.2023




GBM


P1


 


14.8.2023


2.10.2023




GB-2.314


POU, RAT


N, P1


 


14.8.2023


20.9.2023




GBM


P1


 


14.8.2023


20.9.2023




GB-2.315


POU, RAT


N, P1


 


17.8.2023


20.9.2023




GBM


P1


 


17.8.2023


20.9.2023




GB-2.316


POU, RAT


N, P1


 


18.8.2023


2.10.2023




GBM


P1


 


18.8.2023


2.10.2023’














(c)


in the entry for the United Kingdom, the rows for the zone GB-2.318 are replaced by the following:











‘GB

United Kingdom


GB-2.318


POU, RAT


N, P1


 


7.9.2023


12.10.2023




GBM


P1


 


7.9.2023


12.10.2023’














(d)


in the entry for the United States, the rows for the zones US-2.460 to US-2.468 are added after the row for the zone US-2.459:











‘US

United States


US-2.460


POU, RAT


N, P1


 


4.10.2023


 




GBM


P1


 


4.10.2023


 




US-2.461


POU, RAT


N, P1


 


6.10.2023


 




GBM


P1


 


6.10.2023


 




US-2.462


POU, RAT


N, P1


 


6.10.2023


 




GBM


P1


 


6.10.2023


 




US-2.463


POU, RAT


N, P1


 


10.10.2023


 




GBM


P1


 


10.10.2023


 




US-2.464


POU, RAT


N, P1


 


11.10.2023


 




GBM


P1


 


11.10.2023


 




US-2.465


POU, RAT


N, P1


 


13.10.2023


 




GBM


P1


 


13.10.2023


 




US-2.466


POU, RAT


N, P1


 


17.10.2023


 




GBM


P1


 


17.10.2023


 




US-2.467


POU, RAT


N, P1


 


17.10.2023


 




GBM


P1


 


17.10.2023


 




US-2.468


POU, RAT


N, P1


 


17.10.2023


 




GBM


P1


 


17.10.2023’


 















ELI: http://data.europa.eu/eli/reg_impl/2023/2437/oj
ISSN 1977-0677 (electronic edition)